1. (1) All statements and descriptions in any application for an insurance policy by or in behalf of the insured, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealments of facts and incorrect statements shall not prevent a recovery under the policy unless the misrepresentations, omissions, concealments of fact and incorrect statements:

   1. (a) Are contained in a written application for the insurance policy, and a copy of the application is indorsed upon or attached to the insurance policy when issued;
   2. (b) Are shown by the insurer to be material, and the insurer also shows reliance thereon; and

   3. (c) Are either:

      1. (A) Fraudulent; or
      2. (B) Material either to the acceptance of the risk or to the hazard assumed by the insurer.
2. (2) This section does not apply to surety insurance.

[Formerly 743.042]